Assignment 1 - The Canadian Legal System - John Levy Pangyarihan
docx
keyboard_arrow_up
School
Southern Alberta Institute of Technology *
*We aren’t endorsed by this school
Course
MISC
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
2
Uploaded by ChefSnow5550
Assignment 1
The Canadian Legal System Read the following fact scenario and answer the questions that follow. Following recent developments in Quebec, Alberta's provincial legislature passes legislation (a law) that makes it a crime for public employees to wear religious symbols in the workplace. Linus is a devout Rastafarian and works for the Alberta Government as an account manager. Linus, as part of his faith, always wears a colander on his head, even at work. Shortly after the law comes into effect, Linus is fired from his job by his boss for breaking the law by continuing to wear the colander on his head, despite repeated warnings. Linus is then charged with a criminal offence for wearing a religion symbol in the workplace under the newly passed law, and if convicted could face 3 years in prison.
This scenario is fictional and is merely used for the purposes of this assignment. Question 1 Does the Provincial legislature have authority under the Constitution Act 1867 to pass a law like this? Explain why or why not. (2 marks) (Hint: This is not a question about the Charter of Rights and Freedoms.) The Provincial legislature does have the authority under the Constitution Act 1867 to pass a law like this. The division of Canada's legislative authority between the national and local governments is
set down in the Constitution Act of 1867. Section 92(13) of the Constitution Act states that matters pertaining to "Property and Civil Rights in the Province," which includes the control of employment practices inside the province, are within provincial jurisdiction.
Question 2 Does this law violate any provisions of the Charter of Rights and Freedoms? If so, explain which right(s) have been violated and how. (3 marks). Yes, this law transgresses the rights and freedoms outlined in the Charter. There is infringement of Linus's freedom of religion, as guaranteed by Section 2(a) of the Charter. The legislation discriminates against people based on their religious views by outlawing the wearing of religious symbols.
Question 3 Which branch of government made this law? Which branch of government would Linus look to if he wanted to dispute the law as being illegal? (2 marks). This legislation was created by the provincial legislature, which is a component of the legislative arm of government. Linus would turn to the judiciary, namely the courts, who oversee interpreting and enforcing the law, if he wants to contest the legality of it.
Question 4 Assume there is a common law rule that says no one can be punished for wearing a religious symbol in the workplace, contradicting the legislation. Would that common law rule be of any help to Linus? Explain why or why not. (2 marks). It would be beneficial to Linus if there was a common law norm that went against the regulation and said that no one could be fined for wearing a religious emblem at work. Since common law is founded on court rulings and precedent, the laws may be declared unconstitutional if there is a precedent upholding Linus's conduct.
Question 5 What legal system is Linus subject to? What is the major feature of that legal system? (2 marks) (Hint: Canada has two legal systems) The common law legal system governs Linus. This legal system's primary characteristic is that, as opposed to being based on statute law or codified regulations, it is founded on court precedents and rulings.
Question 6 a) Linus decides to sue the Alberta government for $120,000 in compensation. In which court
would his trial take place? Explain why you picked that court. (2 marks) The Provincial Court of Alberta,
which has authority over civil cases inside the province, would host Linus's trial. Since this court hears cases involving civil claims that fall below a specific dollar amount, it is suitable for his case.
b) If Linus was unhappy with the judge’s decision in part (a) above, to which court would he appeal? Why
would he appeal to that court? (2 marks) Linus would file an appeal with the Court of Queen's Bench of Alberta if he disagreed with the judge's ruling in part (a). Decisions from the Provincial Court of Alberta are appealed to this court.
c) Would your answer to part (a) change if he was suing the Alberta government for $25,000? If so, how?
Explain your answer. (2 marks) Yes, the Provincial Court of Alberta would probably host Linus's trial if he was suing the province for $25,000. This is so because, depending on the province, this court's authority usually extends to civil claims with values under a certain cap. Thus, the relevant court for the trial would
be chosen based on the amount in dispute.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help